A.
Limit the number and extent of nonconforming uses throughout the
city. This section is established to limit the number and
extent of nonconforming uses throughout the city by prohibiting or
limiting their enlargement, their re-establishment after abandonment,
and the alteration or restoration after destruction of the structures
they occupy.
B.
Prohibiting an increase in discrepancy. While allowing the
use and maintenance of existing nonconforming structures, this section
is also established to limit the number and extent of nonconforming
structures by prohibiting their being altered, enlarged, or moved
in a manner that would increase the discrepancy between existing conditions
and the standards prescribed in this zoning ordinance, and by prohibiting
their restoration after destruction.
C.
Certain classes of nonconformities are to be eliminated. Eventually, certain classes of nonconforming uses and structures
of nominal value are to be eliminated or altered to conform, and certain
uses having nonconforming screening or performance standards are to
be altered to conform.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04)
A.
Applicability. The regulations in this section shall apply to all existing nonconforming uses and structures as defined in article 6 (Definitions), and to any use or structure made nonconforming upon adoption of this and subsequent amendments to this zoning ordinance.
B.
Computed from the date of notice of the nonconformity. Whenever
a use, structure, screening, or development standard becomes nonconforming
because of a zoning map amendment or zoning ordinance text amendment
for the zoning district in which it is located, the period of time
prescribed in this section for the elimination of the use or compliance
with screening or development standards shall be computed from the
date of the notice of the nonconformity following the effective date
of the zoning map amendment or zoning ordinance text amendment.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04)
A.
No nonconformity due to lack of parking. No existing use
of land or structure shall be deemed nonconforming solely because
of the lack of off-street parking required by this zoning ordinance.
B.
No nonconformity due to residential parking or side setbacks. No residential dwelling shall be deemed nonconforming solely because
it does not meet required off-street parking or side setbacks, provided
it complies with the side setback requirements in effect at the time
a building permit was issued for its construction.
C.
Legal nonconforming uses with required permits. An existing
use shall be deemed a "legal nonconforming use" if before its establishment,
the required permits were obtained (e.g., a building permit, conditional
use permit, etc.).
D.
Illegal nonconforming uses without required permits. Structures
and uses not having acquired the proper permits shall be considered
"illegal" and shall be defined in this section merely as "nonconforming,"
unless otherwise provided in this section.
E.
No nonconformity due to existing second-floor balcony. No
existing second-floor balcony which was legally allowed before the
effective date of zoning code Amendment No. 93-3 requiring a conditional
use permit for second-floor balconies in side and rear yards, shall
be deemed nonconforming solely because of the lack of a conditional
use permit.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04)
A.
Nonconforming uses may be continued. A use lawfully occupying
a structure or a site that does not conform with the use regulations
or the site area development standards for the zoning district in
which the use is located shall be deemed to be a nonconforming use
and may be continued, except as otherwise provided in this section.
B.
Nonconforming structures may be continued. A structure that
lawfully occupies a site and that does not conform with the development
standards for front yards, side yards, rear yards, height, coverage,
or distances between structures for the zoning district in which the
structure is located shall be deemed to be a nonconforming structure
and may be continued, except as otherwise provided in this section.
C.
Routine maintenance and repairs may be performed. Routine
maintenance and repairs may be performed on a structure or site when
the use is nonconforming, and on a nonconforming structure.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04)
Restrictions and conditions affecting nonconforming uses and
structures shall apply to the existing use, and structure, and shall
not be affected by ownership changes.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04)
A.
Findings for revocation. Whenever the use, maintenance,
or continuation of nonconforming conditions or use is granted through
the means of conditional use permits, design review, expansions, extensions,
variances, or other approved changes, the same may be revoked, in
compliance with section 29 (Revocations and Modifications), by the
council whenever the council first finds the following:
1.
The terms or conditions of any conditional use permit, design review,
expansion, extension, variance, or other approval are being violated;
2.
The condition or use of the property constitutes a public nuisance;
or
3.
The health, safety, or general welfare of the surrounding property
owners or residents is being threatened by the continuation of the
nonconforming use or condition.
B.
Initiation of revocation process. The revocation process
may be initiated by the order of the council or by any person demonstrating
that their health, safety, or general welfare is being adversely affected
by the continuation of circumstances existing on nonconforming property.
C.
Notice of commencement of revocation process. The property
owner shall be notified of the commencement of the revocation process
in compliance with section 26 (Public Hearings). A public hearing
shall be conducted in compliance with section 26.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04)
Any nonconforming use continuing beyond the date for abatement
established by the council shall be deemed a public nuisance, subject
to abatement thereof and prosecution either through civil or criminal
action, in compliance with chapter 13, article III of the Municipal
Code.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04)
Nothing in this section pertaining to nonconforming uses and
structures shall be construed or applied so as to require the termination,
or removal, or so as to prevent the alteration, maintenance, modernization,
rebuilding, repair, or replacement of public service and public utility
equipment, facilities, structures, and uses; provided, there is no
change or increase of those areas to be used.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04)
Except as provided for in subsections 5.25.100 (Exceptions to provisions for elimination of nonconforming use), below and 5.25.110 (Change to another nonconforming use), nonconforming uses shall be discontinued and removed from their sites, altered to conform, or altered as prescribed to decrease the degree of nonconformity, within the specified time period after which they are deemed nonconforming, as identified in Table 5-1, below.
|
TABLE 5-1
ABATEMENT OF NONCONFORMING USES
| |
|---|---|
|
Zoning District or Use
|
Abatement Schedule (a)
|
|
1. In any zoning district, a use not occupying a structure,
or a use occupying a structure having an assessed value of less than
$10,000.00
|
3 years
|
|
2. Residential zoning districts — Use not permitted
|
Type IV and V structure (of any materials permitted by UBC):
10 years
|
|
3. OP
| |
|
—Use not permitted
|
Type II structures: 15 years
|
|
—No CUP where one is required
|
Type IV and V structures (of any materials permitted by UBC):
10 years
|
|
4 CN
| |
|
—Use not permitted
|
Type II structures: 15 years
|
|
5. CG
| |
|
—No CUP where one is required
|
Type IV and V structures: 10 years
|
|
—Use not permitted
|
Type II structures: 15 years Type I and II structures: 20 years
|
|
6. Any commercial or industrial zone (except CG)
| |
|
—Use not permitted
|
Type I and II structures: 20 years
|
|
—No CUP where one is required
| |
|
RS—15000
| |
|
—Use which has been in continuous operation
for 20 or more years
|
5 years
|
|
Note:
| |
|---|---|
|
(a)
|
Structure types as defined by the Uniform Building Code (UBC)
|
(Ord. No. 1062, § 2(Exh.
A), 11-25-04)
The following uses, when nonconforming, need not be removed and under certain conditions may be expanded. However, the uses shall be subject to the provisions of subsection 5.25.120 (Abandonment of nonconforming uses), below.
A.
Nonresidential uses. In any residential zoning district,
a nonresidential use that is an allowed use.
B.
Industrial zoning districts. In an industrial zoning district, a use that is an allowed use or a conditional use in any other industrial zoning district may be continued; provided, any nonconformity with screening and performance standards requirements shall be eliminated in compliance with subsection 5.25.140 (Nonconforming structures—Abatement), below. A conditional use permit may be granted for expansion of the floor area or the site area.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04)
Abandonment, changing, or discontinuance of nonconformity. Whenever a nonconforming use has been abandoned, changed, or discontinued
to a conforming use for a continuous period of 180 days or more, the
nonconforming use shall not be re-established, and the structure or
site thereafter shall be used in conformity with the regulations for
the zoning district in which it is located. Discontinuance of a use
shall include cessation of the existing nonconforming use, regardless
of the intent to resume the nonconforming use.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04)
A.
Limits on enlargement or extensions of nonconformities. A nonconforming use shall not be enlarged or extended in a way so as to occupy any part of the structure or site or another structure or site which it did not occupy at the time it became a nonconforming use, or in a way so as to displace any conforming use occupying a structure or site, except as otherwise provided in subsection 5.25.100 (Exceptions to provisions for elimination of nonconforming use), above.
B.
Use failing to meet performance standards. A use which fails
to meet the performance standards of the zoning district in which
it is located shall not be enlarged or extended, nor shall it have
equipment replaced that results in failure to meet the performance
standards, unless the enlargement, extension, or replacement will
result in elimination of the nonconformity with performance standards
for that zoning district.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04)
A.
Specified time periods for abatement. Except as provided in subsection 5.25.170 (Nonconforming structures—Exceptions to abatement provisions), below, nonconforming structures and screening shall be discontinued and removed from their sites, altered to conform, or altered as prescribed to decrease the degree of nonconformity, within the specified time period after which they are deemed nonconforming, in compliance with table 5-2, below.
|
TABLE 5-2
ABATEMENT OF NONCONFORMING STRUCTURES AND SCREENING
| |
|---|---|
|
Zoning District or Use
|
Abatement Schedule (a)
|
|
1. In any zoning district, removal or alteration of a nonconforming
structure having an assessed value of less than $10,000.00.
|
5 years
|
|
2. OP and CN
|
Type IV and V structures: 10 years
Type II structures: 15 years
|
|
3. CG
|
Type IV and V structures: 10 years
Type II structures: 15 years
Type I and II structures: 20 years
|
|
4. Any industrial zoning district
|
Type I and II structures: 20 years
|
|
5. Use in any commercial or industrial zoning district subject
to screening requirements and performance standards
|
3 years
|
|
Note:
| |
|---|---|
|
(a)
|
Structure types as defined by the Uniform Building Code
|
(Ord. No. 1062, § 2(Exh.
A), 11-25-04)
A.
Limits on alteration, enlargement, or moving of nonconformities. A nonconforming structure shall not be altered, enlarged, or moved
unless required by law, or unless the alteration, enlargement, or
moving will result in the elimination of the nonconformity, except
as otherwise provided in this section.
B.
No increase in discrepancy. A nonconforming structure shall
not be altered or reconstructed so as to increase the discrepancy
between existing conditions and the development standards for front
yards, side yards, rear yards, height of structures, or usable open
space prescribed in the development standards for the zoning district
in which the structure is located.
C.
Enlargement or moving only in compliance with development standards. A nonconforming structure shall not be enlarged or moved unless
the enlargement or new location shall conform to the development standards
or usable open space prescribed in the development standards for the
zoning district in which the structure is located.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04)
A.
Destruction of 50% or more. Whenever a structure that does
not comply with the development standards for front yards, side yards,
rear yards, height of structures, or distances between structures
prescribed in the development standards for the zoning district in
which the structure is located, is destroyed by fire or other calamity,
by act of God, or by the public enemy to the extent of 50% or more,
or the structure is voluntarily razed or is required by law to be
razed, the structure shall not be restored except in full conformity
with the development standards for the zoning district in which it
is located.
B.
Estimates to be reviewed and approved by building official. The extent of damage or partial destruction shall be based upon
the ratio of 50% of the estimated replacement cost of restoring the
structure to its condition before the damage or partial destruction,
or to 50% of the estimated cost of duplicating the entire structure,
as it existed before the damage or partial destruction. Estimates
for this purpose shall be made by or shall be reviewed and approved
by the building official, and shall be based on the minimum cost of
construction in compliance with the city's building code as the same
exists on the date the estimates are submitted.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04)
In any zoning district, a nonconforming residential structure used for residential purposes need not be removed; provided the number of dwelling units shall not be increased. The provisions of subsection 5.25.100 (Nonconforming use—Exceptions to provisions for elimination of nonconforming use), above, shall also apply.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04)
A.
Procedures for abatement of nonconformities. The provisions
of this subsection are established to identify procedures for the
abatement of uses, structures, screening, signs, and antennas deemed
to be nonconforming.
B.
Zoning administrator established. A zoning administrator
is hereby established for the purpose of considering city action to
declare a use, structure, screening, sign, or antenna to be nonconforming
and to establish abatement procedures consistent with the provisions
of this section. The zoning administrator shall be the community development
director or the director's designee.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04; Ord. No.
1076, § 1, 5-22-06)
A.
Noticing by director. Upon determination by the director
that the provisions in this section apply to a given parcel of land,
the director shall send a notice regarding the parcel by a method
guaranteeing certification of delivery to the owner of the parcel,
as shown on the county's latest equalized assessment roll. The director
shall post the property with a similar notice and shall publish the
notice at least once pursuant to Section 420 of the Cypress City Charter.
Should the certified notice be returned to the city for any reason,
the city shall cause a copy of the same to be mailed by regular first-class
mail, with postage thereon fully paid, to the property owner shown
on the county's latest equalized assessment roll.
B.
Content of required notice. The notice required in subsection A. above shall state that the property in question is a nonconformity, shall state the date of abatement established in either subsections 5.25.090 (Nonconforming uses—Abatement) or 5.25.140 (Nonconforming structures—Abatement), above, shall state that a hearing will be held before the zoning administrator and shall state the date of the hearing.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04; Ord. No.
1076, § 1, 5-22-06; Ord. No. 1189, § 5, 8-23-21)
A.
Hearing within 60 days. Within 60 days after the issuance of the notice prescribed in subsection 5.25.190 (Notice required), above, the zoning administrator shall hold a public hearing to determine whether the nonconformity should be abated or whether a time extension should be granted in compliance with subsection 5.25.240 (Extension of time), below. Notice shall be given to all property owners in compliance with section 26 (Public hearings).
B.
Receipt of written and oral testimony. The zoning administrator
shall receive written and oral testimony at the hearing with regard
to abatement or elimination of the nonconformity in compliance with
the hearing procedures identified in section 26 (Public hearings).
C.
Determinations by zoning administrator.
1.
At the close of the public hearing, the zoning administrator shall find and determine whether the nonconformity should be abated and all facts in support thereof, whether the owner of the property can amortize their investment in the term for abatement in compliance with subsections 5.25.090 (Abatement of nonconforming uses) and 5.25.140 (Abatement of nonconforming structures), above, and if not, what term for abatement should be provided. The zoning administrator shall base the decision as to the length of the permitted amortization period on any competent evidence presented, included, but not limited to, the depreciation schedule attached to the owner's latest federal income tax return.
2.
The zoning administrator shall also find and determine whether the
nonconformity can economically be used in its present condition or
if the nonconformity can be successfully modified for a purpose allowed
by the zoning district in which it is located.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04; Ord. No.
1076, § 1, 5-22-06)
A.
[Written order.] The decision shall be in the form of a
written order. The decision of the zoning administrator and the findings
in support of the decision shall be in the form of a written order
and shall be served to the property owner personally or by a method
guaranteeing proof of delivery within 10 days after the decision is
rendered.
B.
Required findings. Findings shall be made as to whether
or not the balancing of the public interest and the request by the
owner for alteration, continuance, or expansion of the nonconformity
of the subject property requires a deviation from the development
standards of this zoning ordinance.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04; Ord. No.
1076, § 1, 5-22-06)
A.
Decision may be appealed. The decision of the zoning administrator
may be appealed to the council in compliance with section 27 (Appeals).
Any appeal timely filed shall be set for hearing in compliance with
section 27.
B.
Action of council on appeal. The council shall conduct the
hearing in compliance with section 26 (Public hearings) and may act
to uphold, reverse, or amend any decision of the zoning administrator.
The decision of the council shall be final and conclusive.
C.
Mailing of notice after appeal. Notice of the council's
decision shall be mailed to the property owner or any other appellant
within 10 days of the council's decision.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04; Ord. No.
1076, § 1, 5-22-06)
After the conclusion of all appeals or, if no appeal is filed,
after expiration of the appeal period, the city clerk shall cause
notice of the decision to be recorded with the county recorder. The
notice shall consist of a notice of zoning violation.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04; Ord. No.
1076, § 1, 5-22-06)
The zoning administrator or the council on appeal, at its discretion,
may grant an extension of time for the abatement of nonconformity
where it finds that an unreasonable hardship would otherwise be imposed
on the property owner.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04; Ord. No.
1076, § 1, 5-22-06)
In the event the zoning administrator, or the council on appeal,
finds that a structure occupied by a nonconforming use, either in
its present condition or as modified, can be used, if the alterations
occur for a use allowed in the subject zoning district, the nonconforming
use may be granted an extension sufficient to permit it to relocate
at a site where the use is allowed and which has substantially equivalent
utility for the use. In no event shall the extension be for more than
a total of 24 months.
(Ord. No. 1062, § 2(Exh.
A), 11-25-04; Ord. No.
1076, § 1, 5-22-06)
The applicable provisions of Section 25 of Article 5 of Appendix
I of this code shall apply to the amortization and discontinuance
of nonconforming massage establishments, except to the extent they
are modified as follows:
A.
Any massage establishment lawfully existing prior to the effective date of section 3.17.250 of section 17 of Article 3 of Appendix I of this code which becomes a nonconforming use by reason of the adoption thereof shall cease operation, or otherwise be brought into full compliance with section 3.17.250 of section 17 of Article 3 of Appendix I of this code, not later than 36 months following the effective date thereof. Any such lawfully existing massage establishment may continue to operate during the 36 month period if all of the following requirements are met:
1.
Such establishment is in conformity with all other applicable city,
state and federal laws.
B.
In the event that any lawfully existing massage establishment under subsection A submits an application pursuant to section 3.17.250 of section 17 of Article 3 of Appendix I of this code within 36 months following the effective date of section 3.17.250 of section 17 of Article 3 of Appendix I, then such massage establishment may continue in operation pursuant to subsection A until the applications submitted pursuant to section 3.17.250 of section 17 of Article 3 of Appendix I of this code has been acted upon and the decision thereon becomes final. In the event that such application is denied, then the massage establishment shall cease operation on the later of the end of the 36 month period provided in subsection A above or the date the decision becomes final.
C.
Any lawfully existing massage establishment existing prior to the effective date of section 3.17.250 of section 17 of Article 3 of Appendix I of this code shall not be required to comply with applicable location and parking requirements if such establishment complies with all other requirements of section 3.17.250 of section 17 of Article 3 of Appendix I of this code and with the requirements of Chapter 15A, "Massage Establishments" of this code.
(Ord. No. 1177, § 6, 10-28-19)
